UC Berkeley student taken into custody by ICE at San Francisco airport

SAN FRANCISCO - A UC Berkeley student was arrested by Immigration and Customs Enforcement agents at San Francisco International Airport, according to the university and a Bay Area immigrants' rights attorney.

What we know:

The 23-year-old student, an asylum seeker from Colombia with no criminal record, was at the airport departing for an out-of-town trip on Friday when she was taken into custody. 

"She was arrested for a visa overstay, but the arrest was unlawful and unconstitutional," according to managing attorney with Alameda County Immigration Legal and Education Partnership, Nikolas De Bremaeker.

In an email correspondence with KTVU, De Bremaeker confirmed that the student, Paula Albornoz Hernandez, was being held at ICE's California City Detention Center in Kern County. 

De Bremaeker said the arrest came despite the fact that the college student had been adhering to every legal requirement of her asylum process.

"She filed her asylum application well before her filing deadline," the attorney said. "She has attended her biometrics appointments, which she cleared, and subsequently received her work permit."

De Bremaeker said ACILEP has filed a habeas petition in federal court and is concurrently seeking immediate emergency intervention. 

KTVU reached out to SFO officials seeking information about the ICE activity at the airport.

"We have no information on this one; we don’t assist in immigration enforcement and were not notified of this," SFO Public Information Officer Doug Yakel told KTVU in an email.

UC Berkeley response

On Monday, UC Berkeley Chancellor Richard Lyons addressed the incident in a campus-wide message.

"This student is a valued member of our community, and campus leadership is doing everything within our power to support them so that they may return to their life at Berkeley to continue their studies with us," Lyons wrote.

He said while he could not provide specifics about the case, the university is taking action and said that efforts are underway on and off campus to support the student.  

"We understand the urgency of this moment. While student privacy laws and university policy limit what we can share publicly, I want our community to know that we’ve mobilized legal support and are working to ensure our student has access to advice and representation," the chancellor wrote.

Lyons also said university officials are in close contact with the student’s family. 

Student resources

The chancellor acknowledged the uncertainty and fear an incident like this can stoke, and he reminded students of the resources in place through UC Berkeley's Undocumented Student Program.

"The university’s commitment to supporting every member of this community remains as strong as ever," Lyons said, as he encouraged students to stay informed amid a surge in ICE activity. 

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"Given the increase in immigration enforcement actions, we urge the community to review Know Your Rights Information," the chancellor said in his message. 

Berkeley mayor's response 

Berkeley Mayor Adena Ishii also issued a statement on the incident and had a message for ICE.

"Detaining a student under these circumstances does nothing to make our community safer. It creates fear among immigrant families and students who call Berkeley home," the mayor said.

Ishii urged federal immigration authorities to release Albornoz Hernandez.  

"I'm calling on ICE to release her so she can return to her studies while her case moves forward," the mayor said, stressing the city's support for its immigrant communities. 

"Berkeley is a sanctuary city, and we will continue to stand with our immigrant neighbors and students," Ishii said. 

Person ‘government should celebrate’

Dig deeper:

De Bremaeker described Albornoz Hernandez as "an exceptional student" who previously graduated with honors at San Jose City College, where she received several awards. 

"She was then admitted into one of the country's most competitive undergraduate business administration programs at UC Berkeley," the attorney noted.

He also highlighted her contributions to the community.

"She serves our community by volunteering with her church and other community groups. This is a person our government should celebrate," said De Bremaeker, "rather than detain under inhumane conditions at the California City Detention Center."

KTVU reached out to the ICE Office of Public Affairs as well as the Department of Homeland Security but had not received a response from either federal entities by the time of this story’s publication.